NCJ Number
107451
Journal
University of Toledo Law Review Volume: 18 Issue: 1 Dated: (Fall 1986) Pages: 155-194
Date Published
1986
Length
40 pages
Annotation
After reviewing the history of victim compensation programs in general and the recent use of 'Son of Sam' statutes to provide funds for victim compensation programs, this article examines court cases interpreting 'Son of Sam' statutes (focusing on New Jersey) and proposes a model 'Son of Sam' law.
Abstract
A major problem in State programs for compensating crime victims is a lack of funding. 'Son of Sam' statutes, so-called because of the notoriety of the New York State statute prompted by the nick-named serial killer, typically authorize an escrow account for victim compensation involving money due an accused criminal under any contract for books, films, and other reenactments or reporting of the crime. Court cases interpreting such statutes, notably the New Jersey case of Fasching v. Kalliner (1986), confront three basic issues: the obvious vagueness of key terms, the absence of a procedural due process safeguard, and the arguable infringement on certain guaranteed first amendment rights. The proposed model 'Son of Sam' statute targets only those profits otherwise belonging to the criminal or one acting in the criminal's place. 'Victimless' crimes are not included. The law ensures a system which effectively focuses on crime victims' needs. 202 footnotes.